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Probate

The death of a loved one is typically a distressing and emotional time for families. After taking care of the necessary arrangements, the family must eventually turn their attention to handling their loved one’s personal affairs. Whether your loved one died with or without a Will, something must be done to ensure that their property passes to their rightful heirs upon death. Mr. Benson can assist families with working through the process of handling the personal and financial affairs of their loved one after their passing.

A common misconception among new clients is that the probate process is overly difficult, unnecessarily expensive, or excessively long. To the contrary, the Texas probate process is relatively simple and inexpensive, particularly if the deceased had previously contacted Mr. Benson and had a properly-drafted Will in place. Nevertheless, the process of identifying the nature and bounds of a deceased person’s estate, and determining the appropriate method of transitioning ownership of that property to its rightful owners, requires Mr. Benson’s vast knowledge and years of experience in probate law. This process includes determining whether assets must pass according to a Will or other testamentary instrument, or whether they will pass outside of the terms of a Will. In certain instances, an estate can be handled by the attorney and family without the need for probate.

Unfortunately, if a decedent did not contact a qualified estate planning attorney to help them create a valid Will, problems may arise with their estate after their passing. They may have died without a valid Will, or their Will may need to be reviewed by a court to determine its validity or its terms. A surviving spouse may need to enforce spousal protections offered under Texas law. In certain instances, questions may arise about the circumstances under which a seemingly valid Will was executed, and the Will may need to be challenged in court. Mr. Benson has experience in these areas of probate litigation, and can assist with all of your probate needs.